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Ontario没有通奸罪。。。

本文发表在 rolia.net 枫下论坛Your spouse has committed adultery. You don't have to name the person with whom your spouse committed adultery unless you're making some coincident claim against that party, as per Ontario divorce law. And you needn't actually find your spouse in bed with the other party; you need only establish a high probability that adultery occurred, for example by their spending a night together in a motel -- especially if not denied by the adulterous spouse. The simplest way to prove the adultery is if your spouse is willing to admit it (in an affidavit).

In the Petition for Divorce, you must swear that there has been no collusion or connivance between you and your spouse, according to Ontario divorce law. Therefore, you can't invent the adultery simply as a means of obtaining a divorce.

It's possible to deem yourselves as "living separate and apart" while within the same dwelling, although this is more difficult to prove. You must be living entirely independent lives ... and, of course, not sharing the same bed.

The act must have truly occurred, and it must not have been condoned by you. For example, extramarital sex within an "open marriage" doesn't count. There are two other ways to prove adultery: by examination for discovery, and by court appearance. However, these are not reliable ways to prove adultery, since the court cannot compel your spouse to answer questions about it (he or she is protected against self-incrimination under the Evidence Act and Ontario divorce law). The detail of these procedures is beyond the scope of this short article; talk to an Ontario divorce lawyer for additional information.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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  • 枫下茶话 / 法律 / Ontario没有通奸罪。。。
    本文发表在 rolia.net 枫下论坛Your spouse has committed adultery. You don't have to name the person with whom your spouse committed adultery unless you're making some coincident claim against that party, as per Ontario divorce law. And you needn't actually find your spouse in bed with the other party; you need only establish a high probability that adultery occurred, for example by their spending a night together in a motel -- especially if not denied by the adulterous spouse. The simplest way to prove the adultery is if your spouse is willing to admit it (in an affidavit).

    In the Petition for Divorce, you must swear that there has been no collusion or connivance between you and your spouse, according to Ontario divorce law. Therefore, you can't invent the adultery simply as a means of obtaining a divorce.

    It's possible to deem yourselves as "living separate and apart" while within the same dwelling, although this is more difficult to prove. You must be living entirely independent lives ... and, of course, not sharing the same bed.

    The act must have truly occurred, and it must not have been condoned by you. For example, extramarital sex within an "open marriage" doesn't count. There are two other ways to prove adultery: by examination for discovery, and by court appearance. However, these are not reliable ways to prove adultery, since the court cannot compel your spouse to answer questions about it (he or she is protected against self-incrimination under the Evidence Act and Ontario divorce law). The detail of these procedures is beyond the scope of this short article; talk to an Ontario divorce lawyer for additional information.更多精彩文章及讨论,请光临枫下论坛 rolia.net
    • 自从被打了911.。。。。你都成了专家了。。。。干脆开门营业算了。。。。
    • 移民加拿大鬧離婚 連墓園也要爭
      本文发表在 rolia.net 枫下论坛〔本報駐加特派記者張伶銖/溫哥華8日報導〕一對不愁吃穿的台灣夫妻,移民加拿大10多年後,先生得知愛妻劈腿跳舞老師,妻子竟藉家暴名義報警,讓他一度入獄3天,繳足近300萬台幣保證金才重獲自由身,而兩人離婚爭產官司纏訟近3年,光律師費就花了台幣500萬元,還沒完沒了,在溫哥華成為華人間熱門話題。

      這名台灣男子向記者透露,婚後移民溫哥華10多年,憑著父母留給他的祖產,及早年積蓄,和妻子間生活闊綽,過著無憂無慮的日子,妻子有一整櫃的Prada 及LV等名牌皮包,一個月還給她新台幣24萬元花用。

      妻外遇控家暴 夫一度入獄

      他說,由於台北的老家事多,他是獨子需代表家族掃墓,經常要來往兩地,卻疏忽了妻子的轉變,3年前回到溫哥華,目睹妻子外遇,動手打了她一巴掌,妻子竟以家暴名義報警,他因此被起訴,幾經波折才無罪釋放。

      他表示,妻子後來與外遇對象在一起,連親生的一對子女也不要,他取得子女監護權,每天為子女煮飯,送孩子上下學,過著「家庭煮夫」的生活。

      男子最近忙著到溫哥華法院出庭,以為離婚分產官司已接近完成,沒想到妻子的律師指出,他在台灣有一筆約3千萬的土地資產,要求加入計算分產的總資產,他喊冤說,這筆土地根本是家族墓園,土地屬家族成員所有,他就算有持分,土地也不可能出售。

      加拿大無通姦罪,沒有捉姦在床這種事,不管丈夫或妻子外遇,要不就選擇原諒對方,要不就離婚,像有資產的台灣夫妻,發生這種事通常不會協議離婚,而是各自請律師,對簿公堂爭取該有的資產。更多精彩文章及讨论,请光临枫下论坛 rolia.net
    • 和家庭暴力相比,通奸不算什么。前者是感情和身体两方面的伤害,后者只是伤害感情。不过两者都是合法的离婚理由。
      • 在你做这些的评论前,你有经历过吗?, 家庭暴力就一定是有身体上的伤害吗?,如果你不清楚的地方就不要乱讲。
        如果套子破了,算不算家庭暴力(婚内强奸)?,如果不清楚的,可以不回答,但不要乱回答。谢谢。